(A) The presently existing comprehensive plan, zoning ordinance, subdivision ordinance, and other ordinances relating to the zoning and subdivision process of Caribou County, Idaho, shall apply to the area of city impact and shall govern all transactions related thereto except as specifically set forth in this section. Enforcement of said section and the rules and regulations adopted herein shall be the responsibility of Caribou County.
(B) The following rules and regulations shall also apply within the area of city impact:
1. No feed lot operations, dairy farms, pig farms or CAFO operations 1 or similar type operations shall be permitted in the impact area or within a three (3) mile radius of the exterior boundary of the impact area. (Ord. 284, 4-1-2009)
2. The county and the city shall jointly approve applications for zoning permits in the area of city impact in accordance with internal procedures adopted by them for zoning permits within their jurisdictions.
Upon receipt of an application for a zoning permit, the county shall immediately cause a copy to be delivered or sent by facsimile to the city clerk.
The city council shall approve or disapprove an application for a zoning change permit following recommendations from the planning and zoning commission.
If either the city or the county disapproves an application for a zoning change permit, the permit shall be denied by the county. (Ord. 2015-4, 8-5-2015)
3. If application is made to construct a subdivision within the area of city impact, such application shall be submitted to the county, and the county shall immediately forward a copy of said application to the city for its review, input and recommendations. In addition, the county shall provide the city with copies of any preliminary or final plat or other documentation relating to the subdivision as may be required by the county. The city shall be given thirty (30) days after receipt of said documents for its review and recommendations to the county. Review by the city shall be limited to ensure that compliance is being made by the developer with the county subdivision ordinance and to make other suggestions as the city deems necessary for the proposed subdivision. However, the county's ruling on the application shall be final.
4. Streets in proposed subdivisions, or new streets constructed by the county within the area of city impact shall line up with existing city streets to ensure conformity for future development and expansion of the city.
5. The procedure adopted for applications for subdivisions within the area of city impact shall also be followed by the county and the city for conditional use permits or variances to the zoning ordinance within the area of city impact.
6. Any well drilled upon property within the area of city impact shall be placed and located upon property having a higher elevation to ensure that contamination does not occur to said well. Septic tanks located within the area of city impact shall be required to have a nitrate reducing capability as dictated by the district health department. (Ord. 284, 4-1-2009)
7. The latest version of the international building code and the international residential code, parts I – IV and IX, appendix E, and appendix J together with the county fee schedule for zoning permits shall apply within the area of city impact. All inspections shall be conducted by the county building inspector. All fees for zoning permits shall be the property of the county.
(C) All applications for zoning permits, subdivision permits, or other permits related to the ordinances adopted for the area of city impact shall be made to Caribou County, Idaho, and the procedures for approval or disapproval of any such application shall be as is provided by county ordinance except as modified by the provisions contained in this section. (Ord. 284, 4-1-2009; amd. Ord. 2012-294, 2-1-2012)
(D) Caribou County, Idaho, shall not have the power to change, amend, modify or otherwise alter any ordinances applicable to the area of city impact without the consent of the city of Grace, Idaho. If the parties cannot agree as to a modification, then the procedure for modification of the same as set forth in section 67-6526, Idaho Code, shall be followed by the county and the city. (Ord. 284, 4-1-2009)
Notes
| 1 | 1. As defined in IC § 67-6529C. |